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I have a DJ working for me at the moment, and up to this point I have basically been running my business without much paperwork. I found out tonight that one of my accounts approached my DJ and was trying to get her to quit working for me and said they'd buy equipment for their venue to help her. She says she declined. She did not come out and tell me either, this came after I got on to her about not doing her job. She then came out and told me "I could have had that account if I'd have wanted it, I turned them down." I pay my DJ's well, and in turn I expect them to be loyal and do a good job. She did help me get into this place, but I've been very helpful to her and she now makes enough money through me that DJing is her full time job. I guess I'm looking for holes in my logic, and advice for my business. I have a few options. I could go straight to the owner and ask them if their goal is to start doing karaoke in house. I have planned on beefing up my system and buying more equipment such as wireless mics to make this venue huge. Obviously it's not worth the investment if they are trying to cut me out. I could also require her to sign a non-compete agreement so that if anything did happen I could take her to court and sue over lost wages. Anyone have any experience with this? Another option would be to fire her as soon as I found a replacement. If I fired her and the venue fired me, wouldn't that show me what the intent was all along? I could also just let it ride, and keep collecting the money until something does happen without upgrading the equipment. I'm really not like that though. Anyway, if you're reading this and you have a couple minutes, your input would really be appreciated.

How long has this person been working for you?



It sounds like she's been with you quite some time now. Based on that, if you were to suddenly turn around and tell her that you now require her to sign a contract with a "No Compete" clause in it while under your employment, she might refuse to do so. Then what? You would have 2 choices... move along and keep operating everything the same way as before, or tell her she either has to sign it, or be fired. You can't tell her that. Basic Law 101, under the rules of Offer and Acceptance, state that a Contract can not be enforced if it is signed under Duress. By threatening to fire her if she does not sign the contract now, would be creating Duress.

Of course, it might be a good idea to have a "No-Compete" clause set up in a contract for any future employees that you might hire. If anything is said about it, all you have to do is explain that this is the way you run your business, and they have the choice to either take it or leave it. Duress can not be claimed in this situation (and no, someone saying, "I desperately need the work, so I will sign anything.", would not fit into that). As for the actual terms of the "No-Compete" clause, I don't believe you can specify an amount of time beyond 6 months (or maybe up to a year). As Chip just stated in his post, you can't legally deny a person the right to making a living.

I think that you may be stuck with this DJ the way things are right now, unless you have some just cause to fire her. Then she would still be free to take any job she wanted (including places that she was working at while under your employment). At least she has shown you some loyalty...

If you fire her, then you should fire her for not doing her job. If indeed she did turn down an offer from them, she has demonstrated some loyalty. Perhaps not the ultimate amount, by telling you of the approach at the time, but at least some.

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[color=#ffff55]Mickey J.[/color]
Alas for those who never sing, but die with all their music in them.
-- Oliver Wendell Holmes, Sr.

Is she currently an independent contractor and not an "employee?" (if you don't collect and pay withholding/FICA etc then she's independent.)

#1. If she is an employee:
You can ask (keyword: "ask") that she sign a non-competition agreement as a new policy of your company. HOWEVER, that agreement may only be enforceable to the accounts you currently have. You cannot ask that she sign a blanket-clause where she can't work for anyone even for a limited time or within a certain radius - it won't hold up. You cannot ask an employee to sign away their rights to earn a living.

#2: If she is an independent contractor:
Your non-competiton agreement will be pretty worthless -unless, and even this is iffy - you have (and can prove) that you have spent considerable sums to promote HER for YOUR business... Even then, it would only protect the current customers you have and only for a limited time.

Either way, it would be best to check with an employment lawyer in your area first.

It's really difficult to make someone sign a Non-Compete once you have them already working for you in that venue. Non-Competes will have to have consideration, geographic location, and usually a specified time. A blanket contract ( eg. The state of Alabama) would be too broad and not enforcable. I fought in a court of law a non-compete and won the case because my employer made me sign a non-compete already two years into the job. I had purchased a house, got married, and the next week he made me sign a non-compete and under "duress" I agreed to because I had all these bills and my employer knew this. They will make you sign it and just say like " It's nothing" but it's really B.S. and when you leave this come backs to haunt you. The meaning " consideration" what do you give the employee for his right not to earn a living??? E.g. do you provide him 2 years salary??Do you have five cities around you but he can work in one? It seems unfair to the employer or boss but this is America and we are in a free enterprise country. If your good, your employee cannot take away the business. If he or she does , then good chance you were not doing a good job or your prices were too high. We need competition and this is what make prices fair and service good. When I look at a contact and it has a "NON- Compete Clause. I tell them I cannot sign your contract because I like to leave all my options open and you need to find someone else. I have advised many people on Non-Competes and this is from both sides fo the fence. The funny part about all this is that you can have non-competition covenants for everyone else but lawyers and professionals. The lawyers make the contracts but doesn't want it to apply to them. They need to make a living????????????

You can only fire her for NON-PERFORMANCE of standard assigned duties. She DID NOT take the gig out from under you despite being offered without question an attractive situation. She STUCK BY YOU. Now the question is...are you going to stick by her. Loyalty works both way...its not a one way deal. And if you do go ahead and fire her....you might as well kiss your gig goodbye....as she will undoubtedly take the management offer.

As to trying to impose a non-compete on her...forget it. Shoulda thought of that when you originally hired her. Youre free to impose that condition on any NEW EMPLYOYEE....but to try to impose it retroactively...forget it...she will either up and walk, or simply tell you no and nothing u can do to make her sign it.

And obviously MANAGEMENT likes her the best of the two of you to make such a lucrative offer. So from the situation you describe...she is your bread and butter.

Best thing to do is instead of chewing her (@$%&#!) out and punishing her for some "Transgression", instead provide leadership by example and provide her with some further training to improve her skills and abilities as a HOST/PERFORMER. And make sure you do it WITHOUT punitive overtones. Provide leadership and training as a BUSINESS MANAGER AND LEADER instead of taking the easy route of SIMPLE PUNISHMENT. Provide her with a LEARNING OPPORTUNITY for her to seize the opportunity to improve an apparent weakness in her skills and learn some advanced abilities. (A weakness/oversight in original training??)

Then document the entire episode and remedial plan, and then after a realistic improvement period, if she shows no change or willingness to change, then you can let her go. But make damn sure U have a new-hire recruit that you can begin to train(always a lengthly, expensive and tedious process).

But remembe she has an ace in the hole and can take that offer managment made to her at any time.

(I found myself in that same situation---where mgmt approached me to take the gig away from the guy I was subbing for....in fact that happend twice with the same guy....but like your girl DJ i never told him(no need to roil the waters) and politely declined the MGMT offer both times.

Again LOYALTY WINS OUT.

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"You know that I sing the Blues and I do not suffer fools. When I'm on that silver mic, it's gonna cut ya, just like a knife"-The SWINGCAT

Loyalty. That isn't a law and in today's business world (or even yesterdays business world), you won't find it very often. It's more a thing of "treat me with dignity and respect and I will treat you with dignity and respect" (as long as someone doesn't offer me or you a ton of money to break up the partnership).

My brother in law is the President of Goodman Canada. He joined the company as a VP about 10 or 12 years ago from another company that was burnt when Goodman offered him a lucrative contract. The other company tried to sue but lost. No contract.

My company had me sign a no compete contract two weeks ago. I'm not a new employee, I've been with them for nearly 34 years. Could I have said no, heck yes! Would they have fired me? Heck yes! Could I have taken them to court? Heck yes. Would I be able to prove why I was fired? Maybe, but it would have been costly, drug out and meantime me without a job. No thanks!

Anyway, if this DJ turned down a job, she was under no obligation to let you know. None! I'm guessing she told you as little hint that she is wanted elsewhere. Still no harm. You obviously have someone that is respected and has skills that someone else would like to take advantage of. It's business. A bit cut throat but still business.

I'd be more concerned about the venue trying to slit your throat. Perhaps you should have a conversation with the owner and find out what their future plans are? If they don't include you, you have just as much right to look for another venue as they do to find another entertainment source with the same quality or better at the same price or better.

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KingBing Entertainment C'mon Up! I have a song for you!!! [font=MS Sans Serif][/font]

First, be aware of local laws.

In NJ ( a virulantly anti- Restraint Of Trade state) you could get into legal difficulties even asking him/her to sign a non-compete contract.

Even if he/she did, it would be pretty much unenforceable here.

I was asked to sign a non-compete requiring a 2 year span starting from whatever time I left that company, in another state for another type of business.

I told them no problem, just pay me two year's salary at the time of signing. They, of course, said no. I also explained that if I no longer worked for them ( in other words "if you fire me") I would be free to do exactly what they were trying to avoid.

Though that pretty much ended the discussions, it left negative feelings on both sides.

I wouldn't bring up such an agreement to your long term and obviously loyal DJ.

Assuming you wish to think about it for newer DJs, you may also want to decide whether such a suit would be worth the time money, and energy you would have to put out to enforce it.

This is what happens in this business when sub-contracting / employing other DJs / Hosts. Part of the business.

Let it go.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

Hazard of the business sorry to say. But non-competes, like most stated aren't worth the paper they are printed on. Either not legal or not enforceable. And unless you are deducting & reporting taxes, SS, etc, on that person, she would not be considered your employee, she is a subcontractor that would take care of all that, you just pay a flat fee and she doesn't have to sign anything except the W4 and you send a 1099 at the end of the year.

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